Do I Have to Let My Ex See the Kids If They’re Behind on Child Support?

Understanding the Separation Between Custody and Support in Washington State

Many parents understandably feel frustrated when the other parent falls behind on child support payments. It’s natural to wonder whether you can limit their visitation or parenting time until they catch up. However, under Washington law, child support obligations and custody (or visitation) rights are legally distinct issues—and one cannot be used to enforce the other.

In Washington State, a parent’s right to spend time with their child (commonly known as “visitation” or “residential time”) is governed by the Parenting Plan, which is a court order. This parenting plan outlines when and how each parent will spend time with the children.

On the other hand, child support is a financial obligation based on the Washington State Child Support Schedule and is enforced separately through wage garnishment, liens, license suspension, or contempt proceedings.

What the Law Says

Even if your ex is months—or even years—behind on child support, you cannot legally deny them parenting time. Doing so could result in the court finding you in violation of the parenting plan, which could hurt your own legal standing in future custody matters.

Courts view the parent-child relationship as important and distinct from financial disputes between parents. The child’s best interests remain the court’s priority, and limiting a child’s contact with a parent based solely on unpaid support is generally not considered to be in the child’s best interests.

How to Enforce Child Support the Right Way

If the other parent isn’t paying child support, you have legal options, including:

  • Filing a Motion for Contempt to enforce the court order
  • Requesting wage garnishment through the Division of Child Support (DCS)
  • Placing liens on property or intercepting tax refunds
  • Requesting driver’s or professional license suspension

Working with an attorney can help you pursue these remedies while staying in full compliance with your custody orders.

When You Should Seek a Modification

If your ex consistently violates the parenting plan or fails to support the child emotionally, mentally, or physically, you may have grounds to request a custody modification—but this must be done through the proper legal channels. The court will evaluate whether a significant change in circumstances has occurred and whether a modification is in the child’s best interest.

Final Takeaway

No matter how unfair it feels, withholding visitation because of unpaid child support is not allowed under Washington law. Doing so could backfire and jeopardize your custody rights. Instead, pursue enforcement through the courts with the help of a qualified family law attorney.

Need Help Enforcing a Child Support Order in Washington?

At the Law Office of Erin Bradley McAleer, we help parents enforce child support, modify parenting plans, and protect their parental rights. Contact us today for a confidential consultation.